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Dear Minister Flack,
Access to cooling is no longer a luxury. It is increasingly a matter of health, safety, and survival. As Ontario faces more frequent and intense heat waves, tenants need homes that protect them from dangerous temperatures.
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On June 8, 2023, the Ontario government passed Bill 97, the Helping Homebuyers, Protecting Tenants Act. The legislation added section 36.1 to the Residential Tenancies Act, giving tenants new rights related to air conditioners in rental housing. These rules came into effect on July 1 of this year.
Tenants now have the right to install a window or portable air conditioner when their landlord does not provide air conditioning, as long as certain conditions are met. These conditions include installing the unit safely, complying with local bylaws, and ensuring that the air conditioner does not damage the property.
While these changes are a step in the right direction, they do not go far enough. Since the changes came into effect, tenants have contacted my office with concerns about how the new rules are being applied in practice. I am writing to urge the government to address these issues.
My office has heard from tenants whose landlords are requiring them to remove window air conditioners that they have used safely for years. Others are being told that condensation runoff constitutes damage to the building and that they must instead purchase portable floor units.
For many renters, this is not a realistic option. Portable air conditioners cost hundreds of dollars. At a time when Ontarians are struggling with affordability, requiring tenants to purchase a new air conditioner creates a significant barrier to staying safe during extreme heat.
I am also concerned by the rule that permits landlords to collect a "reasonable" charge to cover the electricity cost of air conditioner use.
This new rule has opened the door to price gouging.
My office has heard from tenants whose landlords proposed charges of up to $75 per month while offering discounts to those who agreed to sign contracts immediately. We have also heard from tenants who have used an AC unit for years and now are being told they must pay a monthly charge to use it.
To protect renters from extreme heat and unfair expenses, I urge the Minister to:
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1. Implement a maximum indoor temperature standard of 26°C in rental housing to ensure tenants have safe and habitable homes during extreme heat;
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2. Repeal the rule permitting landlords to charge for electricity use for an AC unit;
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3. Enshrine the right for tenants to install either an AC window unit or AC floor unit of their choosing, provided it is safely installed.
The right to install an air conditioner is an important step forward, but that right must be meaningful in practice. Tenants need clear rules, fair protections, and affordable access to cooling.
Thank you for your attention to this matter.
I look forward to your response and to learning what steps the Ministry will take to strengthen these protections for tenants across Ontario.
Jessica Bell
MPP, University-Rosedale